The legal landscape of surrogacy remains a complex patchwork across nations, with some countries embracing it while others maintain strict prohibitions. This inconsistency in regulations has created gray areas.
Scientific research highlights the possibility of abuse arising from gaps in legal frameworks and disputes, whether surrogacy is legal or not. It points to unethical practices such as trafficking of women, coercion of both surrogates and prospective parents by agencies, lack of respect for bodily autonomy or informed consent, ‘sham’ procedures and multiple embryo exchanges.
Amid this contentious landscape, the European Parliament Council took decisive action on Jan. 23, 2024, reaching a provisional agreement to classify exploitative surrogacy practices as human trafficking. The measure was formally adopted on May 27, 2024. The new framework imposes strict penalties on those who exploit women through forced surrogacy or deceptive practices, while establishing comprehensive support systems for victims. E.U. member states must implement these protections into their national legislation within two years.